612 ANDREWS v. SCOTTON—2 BLAND.

the words " more or less," in every patent grant, shall be taken to
amount to ten per cent, over or under, and no more. Land. Hoi.
Ass. 253. But in this Court, and in relation to private contracts,
or to sales under a decree, the words " more or less," added to the
statement of the quantity, has never yet been fixed by any de-
cision. Brown v. Wallace, ante, 586. Each case appears to have
been governed by its own peculiar circumstances. Where the
deficiency was material in that part which was the inducement to
the purchase, or the like, the sale has been set aside. Stapylton v.
Scott, 13 Ves. 425. But where the deficiency has been such as not
materially to vary the contract, and the purchaser was still willing
to purchase, a proportionable deduction has been made. But
where land is sold, not by the tract or in a body, but by the acre,
or in lots, at so much per acre; and the alleged number of acres,
or the location and description of the lots should not be known or
admitted, a survey, when called for, may be ordered as of course;
by which all uncertainty as to the quantity and location of the
land, and the amount of the purchase money may be entirely re-
moved. (i)

In England, it would seem to be usual, in sales under the au-
thority of the Court, to offer a good title to the bidders; and hence
the references to a master, at the instance of a party or of a pur-
chaser, of which we read so often, to ascertain whether a good

(i) CHRISTIE v. HAMMOND.—This was a creditor's bill, filed by James
Christie and others against George A. Hammond and others, the devisees
and executrix of William Andrews, deceased. The defendants answered,
and admitted the claims of the plaintiffs and the deficiency of the personal
estate.

HANSON, C., 20th June, 1791.—Decreed, that the real estate be sold, that
William McLaughlin be the trustee to make the sale, &c. "And that when
the said sale shall have been approved, ratified, and confirmed by this Court,
and the purchase money shall have been paid to the said trustee or his suc-
cessor, or the bonds shall have been assigned under the directions of this
Court, the said trustee, or his successor shall, as trustee, convey." &c.

After which other creditors came in, and filed the vouchers of their
claims.

HANSON, C., 25th May, 1795.—The Chancellor having examined the claim
of James Christie, founded on five bonds for £100 each, and costs of suit and
interest from the date 18th of March, 1775, to the SOth of April, 1793, exclud-
ing the time from the 4th of July, 1776, to the 3d of September, 1783, that
being the duration of the war between the United States and Great Britain,
to whom the complainant is a subject, and the said claim amounting to
£839 14s. 3d. It is adjudged and Ordered, that on the application of the
said Christie, or his attorney in fact, assignee, or other legal representative,
the trustee, R. B. Latimer, assign and deliver in or towards the discharge of
the said claim, any bond or bonds taken on the sale of the said Andrews'
real estate, unless from obligors who are also claimants, on which interest is